EASEMENTS, PROFITS, COVENANTS, SERVITUDES

Question 1

E by necessity COMMON LAW (3)

Answer 1

1. no alternative entrance/exit
2. necessary for beneficial use of prop
   AND
3. unity of title

Question 2

E by necessity STATUTORY (4)

Answer 2

1. used for dwelling or agriculture
2. no reas alternative exit or entrance
3. DOES NOT REQUIRE UNITY OF TITLE
4. servient estate entitled to COMPENSATION

Question 3

Prescriptive Easement (3)

Answer 3

1. open and notorious
2. adverse
3. continuous, uninterrupted for 20 yrs

• does not need exclusivity
• TACKING permitted, but PRIVITY required

Question 4

Termination of Easements (5)

Answer 4

1. stated conditions (ex. will term in 2 years)
2. unity of ownership
3. prescription (ex. building over easement)
4. non use, failure to maintain, or allowing to be blocked
5. estoppel

Question 5

Adverse Possession (HELUVA)

Answer 5

1. hostile
2. exclusive
3. lasting (for stat period)
4. uninterrupted/continuous for 7 years
5. visible
6. actual

*no CONSTRUCTIVE possession of PART

Question 6

Adverse possession (under color of title)(4)

Answer 6

the writing must adeq desc prop and be recorded

1. cultivated or improved
2. protected by substantial enclosure
3. used for fuel, fencing timber, or ordinary use of occupant

*partly improved if part of known or single farm